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2020 SPECIAL SESSION I
20200474DPatrons-- Simon, VanValkenburg, Carr, Cole, J.G., Keam, Kory, Levine, Lopez, Murphy, Plum, Price and Willett
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-1707 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-1707. Decertification of law-enforcement officers.
A. The sheriff, chief of police, or agency administrator shall
notify the Criminal Justice Services Board
(the Board) in writing within 48 hours of becoming aware
that any certified law-enforcement or jail officer currently employed by his
agency has (i) been convicted of or pled guilty or no contest to a felony or
any offense that would be a felony if committed in the Commonwealth, ; (ii)
been convicted of or pled guilty or no contest to a Class 1 misdemeanor
involving moral turpitude or any offense that would be any misdemeanor
involving moral turpitude, including but not limited to petit larceny under §
18.2-96, or any offense involving moral turpitude that would be a misdemeanor
if committed in the Commonwealth, ; (iii) been convicted of or
pled guilty or no contest to any misdemeanor sex offense in the Commonwealth,
another state, or the United States, including but not limited to sexual
battery under § 18.2-67.4 or consensual sexual intercourse with a minor 15 years of age or older under
clause (ii) of § 18.2-371, ; (iv) been convicted of or
pled guilty or no contest to domestic assault under § 18.2-57.2 or any offense
that would be domestic assault under the laws of another state or the United
States, ; (v)
failed to comply with or maintain compliance with mandated training
requirements, ; or (vi) refused to submit to
a drug screening or has produced a positive result on a drug screening reported
to the employing agency, where the positive result cannot be explained to the
agency administrator's satisfaction. Notification shall
also be provided
B. The sheriff, chief
of police, or agency administrator shall notify the Board
in writing within 48 hours of becoming aware
that any employee who resigned or was if
any certified law-enforcement or
jail officer currently employed by his agency (i) is
terminated or resigns
in advance of being convicted or found guilty of an offense
set forth in subsection A that requires decertification or who resigned or was, (ii) is
terminated or resigns
in advance of a pending drug screening,
(iii) is terminated for a violation of state or federal law,
(iv) is terminated for a violation of the agency's policies and procedures, or
(v) is terminated or resigns while such officer is
the subject of a pending internal investigation.
C. The notification, where appropriate, shall be accompanied by a copy of the judgment of conviction.
D. Upon
receiving such notice from the sheriff, chief of police, or agency
administrator, or from an attorney for the Commonwealth, the Criminal Justice Services
Board shall immediately decertify such law-enforcement or jail officer. Such
officer shall not have the right to serve as a law-enforcement officer within
the Commonwealth until his certification has been reinstated by the Board.
B. E. When a
conviction has not become final, the Board may decline to decertify the officer
until the conviction becomes final, after considering the likelihood of
irreparable damage to the officer if such officer is decertified during the
pendency of an ultimately successful appeal, the likelihood of injury or damage
to the public if the officer is not decertified, and the seriousness of the
offense.
C. F. The
Department of Criminal Justice Services is hereby authorized to waive the
requirements for decertification as set out in subsection A for good cause
shown.
D. G. The Criminal Justice Services
Board may
shall initiate decertification proceedings against any current or former
law-enforcement or jail officer whom if the Board has found to have been convicted of an offense that requires that any basis for the officer's
decertification or who has failed to
comply with or maintain compliance with mandated training requirements set forth in subsection A or B exists.
E. H. Any
conviction of a misdemeanor that has been appealed to a court of record shall
not be considered a conviction for purposes of this section unless a final
order of conviction is entered.
I. The sheriff, chief of police, or agency administrator shall also notify the Board and the civilian review panel that has oversight authority over such agency, if such panel has been established, in writing if any certified law-enforcement or jail officer currently employed by his agency has received three complaints of excessive use of force in the previous five years. Any recommendations made by the civilian review panel concerning such complaints shall be forwarded to the Board.